Imo Evidence

[Berta]

I can't remember what post-in last few days-

The question was if the VA could reject an IMO-

"Concisely cite and evaluate all evidence that is relevant and neseccary to the determination."

"Ratings Veterans Service Representatives (RVSRS0 cannot refute medical evidence submitted by the claimant with their own medical opinions. Rating decisions can cite recognized medical treatises or an independent medical opinion to support a conclusion."

from: M21-1 Part 6, Change 118 Septemvber 23, 2004

What I mean is that the VA cannot ignore an IMO.

They can refute it or they can rebutt it but they have to accept it,read it, consider it, and then either knock it down with another VA opinion or accept it and award the claim.

"Probative value: The rating specialist will determine the probative value of medical or lay testimony. Accept evidence at face vaklue unless contradicted by other evidence or sound medical or legal principles."

"Decisions must address all the evidence and all of the claimant's contentions."

M21-1 Part 6 under Paragraph 2.07 Evaluation of Evidence.

I need to clarify all this.

If the VA ignores an IMO from a real doctor and never lists it as evidence or considers it within the decision narrative the VA has committed a prejudicial error.

(the situation I have been in since Nov 2004-until I griped to VBA in DC)

If the VA rejects ,rebutts, or refutes the IMO- that is not the same thing-

Reject is really not an appropriate word-

but it means that the VA HAS considered the IMO and found that it was not persuasive or it did not fall into the proper IMO criteria.Or it was over ruled by other medical evidence.

If a IMO does not contain a clear nexus statement: such as

the doctor says "I have reviewed the veteran's service medical records but find no documentation to support their present disability of -------------as having etiology while they were in the military.I cannot opine as to whether or not it is likely that their disability began in service.I feel with the following medical rationale,however, that this veteran is totally disabled by this disability and will never be able to work again" etc etc

Obviously the VA will reject this as support for the claim- still it means they will consider it.They have not ignored the opinion.

If the vet is wartime service and low income they would award a pension.

But this type of IMO does nothing to support a SC claim.

M21-1 clearly states -as the handbook of the raters etc- at the ROs- exactly what VA will do regarding your evidence.

If they dont follow their own M21-1 based on established VA case law,and IGNORE your medical evidence and IMOs, they have committed prejudical error that can be corrected with responses, a hearing, etc etc- or by just plain knocking them over the head-by mail- with the evidence until they read it. It they dont acknowledge it- it is still evidence they have to consider-

As Dr. Phil says-we cannot fix what we cant acknowledge. sameo sameo-

M21-1 often provides the legal beagle weaponry to combat lousy decisions.

I have copied and attached many specific pages of M21-1 that are pertinent to my claims and other vets claims-(such as above)

knowing that the VA will see their own handbook regulations and procedure have been submitted by the claimant themselves and they have to follow these -until the decision is proper.

If

[spike]

Berta,

You watch Md. Phil.....I never knew why they say Dr. Phil.... anyways i degress... The VA Regional office for a better way of saying it, are not medical Gods, therefore they can not in any shape of the word, ignore additional evidence. The VA believe it or not is supposed to when there is conflicting information, side on the side of the claimant. Short version of Berta's very well worded and doc'd response.

Your the best Berta, I like it when someone has all the info to back themselves up. I know you don't go to the VA unprepared....